M/S Hdfc Bank Ltd. Thro Hardik ... vs State Of Gujarat
2023 Latest Caselaw 7372 Guj

                                                                                 NEUTRAL CITATION




     R/CR.MA/12652/2023                            ORDER DATED: 05/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 12652
                          of 2023

                    In R/CRIMINAL APPEAL NO. 1750 of 2023

                                    With
                      R/CRIMINAL APPEAL NO. 1750 of 2023
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        M/S HDFC BANK LTD. THRO HARDIK SUNILKUMAR THAKER
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR PM DAVE(263) for the Applicant(s) No. 1
MR JM BAROT(143) for the Respondent(s) No. 2
MR BHARGAV PANDYA, APP PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                             Date : 05/10/2023

                          COMMON ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION:-

1. This is an application by the applicant - original

complainant under Section 378(4) of the Code of Criminal

Procedure, 1973, seeking leave of this Court to present an

appeal against the judgment and order of acquittal, passed by

the learned 3rd Judicial Magistrate First Class, Mehsana in

Criminal Case No.1128 of 2020.

NEUTRAL CITATION

R/CR.MA/12652/2023 ORDER DATED: 05/10/2023

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2. Heard learned advocates appearing for the respective

parties and perused the impugned judgment and order of the

trial Court.

3. Mr. P.M. Dave, learned advocate for applicant - original

complainant submitted that judgment and order of the

acquittal was passed on the ground of incorrect cheque

number mentioned in the notice. Mr. Dave, learned advocate

submits that as per the requirement under Section-138 of the

N.I. Act, the notice is required to be issued. There is no

specific format, wherein it is mentioned that cheque number

is to be mentioned. Notice is issued only to give knowledge to

the drawer of the cheque that cheque issued by him was not

honoured. Merely not mentioning of the correct number of the

cheque would not fatal the case of the complainant.

4. Considering the avernments made in the application and

submissions made by the learned advocates appearing for the

respective parties, there is some arguable case in favour of

the applicant, leave, as prayed for, is granted. This application

is allowed.

NEUTRAL CITATION

R/CR.MA/12652/2023 ORDER DATED: 05/10/2023

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ORDER IN CRIMINAL APPEAL:-

1. The appeal is admitted. Learned APP Mr. Bhargav

Pandya waives service of notice of rule on behalf of

respondent no.1 - State.

2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees

Five Thousand only) against the respondent - original

accused.

(M. K. THAKKER,J) A. B. VAGHELA